Basic information			Substance of the ruling			Accessibility of the case and further relevant links
Date	Name of the case (or case number)	The body delivering the decision	Keywords, topic	Executive part	Brief summary	Full text	Page at the website of the issuing court	Page in other databases	Unofficial materials, press communications
November 21. 2023.		Constitutional Tribunal of Spain	Freedom of assembly; women's rights	The Constitutional Tribunal of Spain held that the ban on public health ground on a demonstration planned by two sindicats on March 8. 2021. as a celebration of the international women's day was unconstitutional.	Two sindicats planned an assembly as a celebration of the international women's day on March 8. 2021. during the third wave of the Covid-19 pandemic. The authorities banned the planned gathering on public health grounds, therefore, the organisers turned to the Constitutional Tribunal for redress. The Constitutional Tribunal held that during the third wave of the pandemic, the ban meant a severe limitation on right to assembly for the sake of very little public health benefit, since people adapted to the public health challenges by several prudential measures. As a consequence, the public health risks caused were not so weightful which would justify the prohibition of the planned assembly. Therefore, the prohibition on the assembly was unconstitutional.		https://www.tribunalconstitucional.es/NotasDePrensaDocumentos/NP_2023_094/NOTA%20INFORMATIVA%20N%C2%BA%2094-2023.pdf	https://www.covid19litigation.org/news/2023/11/spain-constitutional-court-breaks-precedent-endorsing-protest-during-state-emergency
November 7. 2023.		Constitutional Tribunal of Spain	Vaccination; rights of children	The Constitutional Tribunal of Spain held that a minor should be vaccinated even if her parents have not provided their consent.	The Constitutional Tribunal heard a constitutional complaint of a mother who opposed the vaccination of her 11-years-old daughter, but was obliged by the courts to tolerate the vaccination of her child. The father agreed with the vaccination of her daughter by arguing that public health risks outweight the uncertainties surrounding the newly revealed vaccines. The Constitutional Tribunal upheld the impugned judicial decisions and confirmed, that the girl, who is currently not able to take this complex decision herself should be vaccinated regardless of the opposition of her mother to protect her best interest as a child.		https://www.tribunalconstitucional.es/NotasDePrensaDocumentos/NP_2023_091/NOTA%20INFORMATIVA%20N%C2%BA%2091-2023.pdf		https://www.covid19litigation.org/news/2023/11/spain-constitutional-court-backs-covid-19-vaccination-minor-parental-disagreement-case
June 2. 2022.	Judgment 70/2022	Constitutional Tribunal of Spain	Separation of powers	The Constitutional Court of Spain held that the judicial ratification/authorization of public health measures restricting fundamental rights with a general scope infringe the principle of separation of powers, therefore, therefore, the relevant provisions were annulled.	In September 2020, a statutory amendment provided, that public health measures restricting fundamental rights with a general scope should be ratified/authorized by the regional high courts of justice, if adopted by the regional governments, or by the Supreme Court of Spain, if adopted by the national government. Public health measures with individual scope shall have been authorized by the administrative courts. The Government of Aragon adopted a curfew regime, and this was submitted for ratification/authorization before the High Court of Justice of Aragon. The High Court assessed the constitutionality of judicial ratification of public health measures restricting fundamental rights with a general scope, and turned to the Constitutional Court for clarification. The Constitutional Court held that the judicial ratification of administrative measures clearly infringes the principle of separation of powers, in two respects. On the one hand, it is in conflict with the regulatory power of the executive, which would be subject to judicial authorization. On the other hand, the courts will be ordinary participants of the regulatory process, which would undermine their independence. Fundamental right violations caused by administrative activities shall be remedied by the ex ppost judicial review, an a priory ratification competence carried out by the judiciary would not correspond to the judicial power. Although the undoubtedly protective character of the amendment, this was deemed to be unconstitutional and was abrogated.	https://www.boe.es/diario_boe/txt.php?id=BOE-A-2022-11086		https://www.covid19litigation.org/case-index/spain-constitutional-court-judgment-702022-2022-06-02	https://www.covid19litigation.org/news/2022/06/spain-judicial-authorization-process-regional-authorities-adopt-health-measures
October 27. 2021.	No. 183/2021.	Constitutional Tribunal of Spain	Freedom of movement; freedom of assembly; freedom of religion; separation of powers; state of emergency	The Constitutional Tribunal of Spain upheld the constitutionality of the second state of alarm during the Covid-19 pandemic, however, the overbroad extension of the state of emergency and the strong competences provided for the presidents of autonomous communities were unconstitutional.	The Constitutional Tribunal of Spain was seized by more than 50 parliamentarians regarding the constitutionality of the second state of alarm in Spain. The claimants argued that the freedom of movement, right to assembly and freedom of religion were violated by the implemented measures. The Constitutional Tribunal of Spain found the public health restrictions reasonable, however, the extension of the state of alarm with 6 months meant an overbroad prolongation of the special legal order. Moreover, only the curfew measures were enforceable across the whole counttry, other restrictions might have been implemented by the presidents of autonomous communities. The Constitutional Tribunal argued that the presidents of the autonomous communities shall be responsible for the parliaments of autonomous communities instead of the Congress, therefore, the Congress would be deprived from its function to control the implementation of executive orders. As a result, the principle of separation of powers was violated, therefore, the extensive competences provided for the presidents of the autonomous communities were also unconstitutional.	https://hj.tribunalconstitucional.es/HJ/es/Resolucion/Show/26843#complete_resolucion		https://www.covid19litigation.org/case-index/spain-constitutional-court-no-1832021-2021-10-27	https://www.aa.com.tr/en/europe/court-declares-spain-s-2nd-covid-state-of-alarm-unconstitutional/2404881
October 5. 2021.	Recurso de amparo 2109-2020.	Constitutional Tribunal of Spain	Parliamentary law; Covid and parliament; right to political participation		The Board of the Congress decided on 19 March 2020. to suspend the parliamentary time limits until the lifting of the measure, which was ordered on 13 April 2020. Oppositional parliamentarians turned to the Constitutional Tribunal to contest the constitutionality of this measure and argued the unconstitutional limitation on right to political participation. The Constitutional Tribunal held that the governmental responsibility should rest in place even the public health emergency, and for the effectiveness of this responsibility, parliamentarians should exercise their right to political participation. However, the suspension of parliamentary time limits exclude the exercise of this right, while less restrictive alternatives of this measure have not been explored. Consequently, the impugned decision was unconstitutional.	https://hj.tribunalconstitucional.es/HJ/es/Resolucion/Show/26819#complete_resolucion%20%E2%80%8E		https://www.covid19litigation.org/case-index/spain-constitutional-court-recurso-de-amparo-2109-2020-2021-10-05
July 14. 2021.	No. 148/2021.	Constitutional Tribunal of Spain	Freedom of movement; right to assembly; freedom of religion; freedom of education; right to work; right to conduct a business		Oppositional parliamentarians challenged the constitutionality of the far-reaching restrictions of fundamental rights ordered by a royal decree during the first vawe of the Covid-19 pandemic. The Constitutional Tribunal held most of the measures well-founded and constitutional with two important exceptions. On the one hand, the general confinement of the population was annulled as unconstitutional, since this measure amounted to the suspension of fundamental rights rather than their limitation, and such a severe state interference was not sufficiently justified at the moment of its implementation. On the other hand, it was also unconstitutional to authorize the head of a ministerial department to determine the detailed regulation of conduct a business during the lockdown without the ex-post approval of the Congress. The parliamentary control shall be indispensable to enact administrative regulations, the lack of this mechanism means a serious violation of the basic constitutional principles.	https://hj.tribunalconstitucional.es/HJ/es/Resolucion/Show/26778		https://www.covid19litigation.org/case-index/spain-constitutional-court-sentencia-1482021-2021-07-14	https://english.elpais.com/spain/2021-07-14/spains-top-court-rules-that-the-coronavirus-state-of-alarm-was-unconstitutional.html
April 30. 2020.	No. 40/2020.	Constitutional Tribunal of Spain	Freedom of assembly; freedom of association; right to life	The Constitutional Tribunal of Spain dismissed the claim against a ban on a demonstration during the public health emergency.	The Constitutional Tribunal of Spain held that a ban on a car-demonstration as a commemoration of the labor day on May 1. was a necessary and proportionate state interference in the light of the public health circumstances, therefore the claim to review the lower court decisions upholding the prohibition was dismissed as inadmissible.	https://hj.tribunalconstitucional.es/HJ/es/Resolucion/Show/26279    https://www.fricore.eu/fc/content/spain-constitutional-court-30-april-2020-no-402020    https://www.constitutional-change.com/what-comparative-law-teaches-us-about-the-spanish-constitutional-courts-dealings-with-covid/		https://www.covid19litigation.org/case-index/spain-constitutional-court-auto-402020-2020-04-30
						https://www.covid19litigation.org/news/2023/12/spain-constitutional-court-rejects-challenge-procedural-covid-19-measures-calls